What Is Temporary Custody & How Does It Work?

When it comes to child-related matters, the court generally does not recognize the rights of a third party. That said, there are some occasions in which the court will approve temporary custody to resolve a problem without changing the rights of a child’s parents. Continue reading to learn more about temporary custody in Florida.

Temporary Custody in Florida

In Florida, custody is typically referred to as timesharing or parental responsibility. In most cases, family courts believe that an equal split between parents serves the best interests of the child unless there is a good reason why this arrangement would not work.

In Florida, temporary custody is designed to give protections to minor children who live with extended family members, such as grandparents, uncles, or aunts. If you are granted temporary custody, not only will you will receive a number of benefits related to the welfare of the child, but you will also be able to make many of the same decisions a parent can make.

Here are some of the rights you will have if granted temporary custody:

  • You can consent to medical treatment
  • You can obtain medical records and school records
  • You can consent to the child’s participation in school activities
  • You can enroll the child in school

If you wish to obtain temporary custody, there are a number of requirements you must meet. You must be an adult or an emancipated minor and you must be a stepparent or extended family member of the minor child.

Extended family members who may petition the court for temporary custody include:

  • First cousins
  • Nieces or nephews
  • Grandparents
  • Aunts or uncles

If you are a stepparent of the minor child, you will be required to prove that you are currently married to the parent of the child and that you are not involved in any litigation against the child’s parent.

Not unlike the adoption process, a petitioner must obtain the consent of the parents or explain why the consent of the child’s parents is unnecessary. If the parent challenges the petition, there will be a court hearing to determine if temporary custody should be granted.

Read more about temporary custody here.

Schedule a Consultation with One of Our Knowledgeable Family Lawyers Today!

If you are seeking temporary custody, the experienced legal team at The Virga Law Firm, P.A. is prepared to help you with your case. Our attorneys have more than 80 years of combined experience, which we will use to your advantage.

Contact our law firm today at (800) 822-5170 to schedule a consultation with one of our attorneys to get started!

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